Hidden Tax on Divorcing Couples

Posted By
Attorney Charles Montgomery

Everyone talks about reducing taxes. Congress, the legislature, elected
officials, and the man on the street all talk about reducing taxes and
government spending. The problem for divorcing couples is that each year
the local courts that are supported by state taxes receive proportionately
fewer dollars to handle more cases filed by a growing state population.
The end result is that there are not enough courtrooms and judges to handle
the increasing number of cases filed by divorcing couples. The judges
and court personnel work hard, but there are only so many hours in the day.

In Wake County, NC the courts are handling cases faster and faster, but
the length of time before a case can be heard is getting longer and longer
for cases that require a lengthy hearing. Many times it takes 4 to 7 months
to schedule a hearing and frequently the hearing is not held when scheduled
because of a crowded court calendar. The case then has to be rescheduled
another 4 to 7 months out. There simply is not enough money spent on the
court system to make things happen faster.

In response, many lawyers and their clients are using alternative dispute
resolution methods to settle cases outside of court. At first this might
appear to be more expensive. Usually the parties split the cost of a well-trained
mediator to meet with the parties and their lawyers to settle the issues in dispute
and reach a written agreement or consent court order. However, because
of the relative speed of completing a case using mediation, it frequently
is less expensive than using the court system for multiple hearings that
may or may not happen when scheduled because of the overcrowded dockets.
Resolving all issues in one or two mediation sessions turns out to be
much less expensive than going to court.

For more complex cases with difficult legal issues,
arbitration is often the best way to resolve disputes and get a resolution similar
to a court ruling, but on a faster timetable. In arbitration, the decision-maker
is usually a respected family law specialist with years of experience
in the courtroom. The arbitrator’s fee is generally split equally
between the parties. Once again there is a cost for having a “private
judge” hear and rule on your case, but that cost is more than offset
by avoiding the long delays and attendant costs of multiple hearings on
separate dates in the court system.

It is disappointing to see the judicial system unable to fully perform
its traditional role in domestic cases because of underfunding and too
much volume, but it is an established fact of life in Wake County and
other urban counties across North Carolina. Anyone facing
divorce and its related issues should seriously talk with their lawyer about mediation
and arbitration as alternatives to a slow and expensive court resolution.

* Disclaimer: Any references to Super Lawyers, AV Preeminent®, Lead
Counsel and The Best Lawyers in America contained in this website are
not intended to suggest that our attorneys are superior to other attorneys
practicing in North Carolina. The link for Super Lawyers magazine’s
North Carolina selection information can be found here. Click here for more information on the
Super Lawyers selection process. The link to North Carolina selection information for
The Best Lawyers in America can be found here. The AV Preeminent ® selection information can be found
here. The Lead Counsel selection information can be found
here. Charles Montgomery was featured in the 2009 Super Lawyers list.